Mayor Gets City Council To Pass Law Demanding Critical Website Get Shut Down

from the not-going-down-that-freedom-of-speech-road dept

What is it with politicians and their problems with free speech? Apparently, the mayor of Bordentown, New Jersey, one James E. Lynch Jr., is pretty damn upset about the website BordentownMayorReallySucks.com. I guess you can understand why. Now, of course, when you have critics like that, there are all sorts of things you can do in response. You can respond to the criticism. You can ignore the criticism. You can take legal action against specific statements if you believe they are defamatory. What you don't get to do is pass a law that requires the company that hosts the site to shut it down.

But, it appears, that's exactly what Bordentown Mayor James Lynch is doing.

Apparently, Lynch convinced the town council to agree to a "resolution" demanding the ISP that hosts the site take it down, saying that it "violates New Jersey's consumer affairs law and possibly other state and federal laws." I love the vagueness of "possibly" violating other laws. Now, as the article notes, the site was, at one time (briefly) just called BordentownMayor.com, but quickly renamed itself. So it's unlikely that there's any confusion going on these days. Sucks sites have been found to be legal time and time and time again.

If there's specific defamatory content, as the mayor claims, I could see a reasonable case for dealing with that (though, in all honesty, doing so would just call more attention to the content). But demanding that the entire site be shut down? That's going way beyond what the law allows, and no town resolution gets to ignore things like the First Amendment. But, the best part may be the quote from Mayor Lynch:
"This website has to be removed," the mayor said. "I'm not going to go down the freedom of speech road. But some of the stuff that's on there is fraudulent. You want to put information out? Fine. Say you don't like me? Fine. But attacks on my wife, my daughter? I won't stand for that."
Except, you are going down that freedom of speech road by trying to take down the whole site, in pretty clear violation of the First Amendment. If there is specific content that is defamatory, then sue over that content. Do not use your position is mayor to pass a special resolution demanding a website be shut down completely.
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Filed Under: bordentown, criticism, free speech, james lynch, mayor, new jersey


Reader Comments

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  1. identicon
    Anonymous Coward, 26 May 2010 @ 1:29pm

    Great article, check your spelling though.

    link to this | view in thread ]

  2. identicon
    pegr, 26 May 2010 @ 1:41pm

    Demading?

    link to this | view in thread ]

  3. identicon
    Anonymous Coward, 26 May 2010 @ 1:42pm

    Re:

    It's a perfectly cromulent word!

    link to this | view in thread ]

  4. identicon
    Seth, 26 May 2010 @ 1:46pm

    This would make me want to vote for him even less, as it is clearly an abuse of power.

    link to this | view in thread ]

  5. identicon
    Anonymous Coward, 26 May 2010 @ 1:50pm

    I mean, I can understand his anger if they started expressing gross profanities against his family. Not that I agree or disagree with how he handled the situation, but I can definitely understand his anger and reaction, especially if what was claimed was false and malicious. It is a slippery slope though.

    link to this | view in thread ]

  6. icon
    Phillip Vector (profile), 26 May 2010 @ 1:51pm

    This town I consider my hometown (actually, it was Roebling which was the next town south, but Bordentown was the nearest "big" town near me).

    I feel ashamed all of a sudden.

    link to this | view in thread ]

  7. identicon
    Anonymous Coward, 26 May 2010 @ 2:08pm

    the basic legal question would be if this is a new law, or just a non-binding resolution by the city coucil. did they actually pass a law, or just a statement? both pieces are lacking in this very basic and very important difference between the two.

    link to this | view in thread ]

  8. icon
    aguywhoneedstenbucks (profile), 26 May 2010 @ 2:16pm

    Re:

    Try living in East Texas and see how ashamed you feel.

    link to this | view in thread ]

  9. identicon
    Anonymous Coward, 26 May 2010 @ 2:26pm

    Re:

    Hardly relevant. One is worse, but the other isn't any better.

    link to this | view in thread ]

  10. identicon
    interval, 26 May 2010 @ 2:26pm

    Re: Re:

    Indeed. It embiggens its user.

    link to this | view in thread ]

  11. identicon
    Anonymous Coward, 26 May 2010 @ 2:31pm

    Re:

    "Apparently, the major "? You mean Mayor?

    link to this | view in thread ]

  12. identicon
    Anonymous Poster, 26 May 2010 @ 2:31pm

    James Lynch, meet the Streisand Effect.

    Streisand Effect, meet James Lynch.

    You two play nice now.

    link to this | view in thread ]

  13. icon
    Nastybutler77 (profile), 26 May 2010 @ 2:42pm

    Re:

    "Hardly relevant."

    Those two words sum up virtually everything that TAM has ever posted here. Once again he's making his tired "there's not enough information in this article to reach that conclusion" arguement.

    If you're not TAM, then I apologize, but you sure sound like him.

    link to this | view in thread ]

  14. identicon
    Pixelation, 26 May 2010 @ 3:06pm

    Fightin' words

    " But attacks on my wife, my daughter? I won't stand for that."
    I'm gonna bitch slap you with a resolution to ban your website, bitch!
    That mayor is one tough SOB. Don't mess with his family or he'll step on your rights.
    Thank God he's only in local politics.

    link to this | view in thread ]

  15. identicon
    Anonymous Coward, 26 May 2010 @ 3:09pm

    Re:

    Didn't know that Bordentown, New Jersey existed, or anything about it, until know. Now I know that a) it exists and b) the Mayor sucks. So chin(s) up Jimmy, look at what being introduced to the world as someone who sucks did for Monica Lewinsky's career.

    Oh...

    link to this | view in thread ]

  16. icon
    tijir (profile), 26 May 2010 @ 3:13pm

    Re: Re:

    "Try living in East Texas and see how ashamed you feel."


    Ashamed of living in East Texas? Not a chance, it is awesome here.

    I guess you are referring to the all the patent lawsuits that get filed here. There is no shame in me for some idiotic judges who refuse to understand these things.

    link to this | view in thread ]

  17. identicon
    bubba, 26 May 2010 @ 3:18pm

    is this the James E. Lynch Jr t who raped his daughters?

    because this could be another James E. Lynch Jr, i would have to check with Streisand on which James E. Lynch Jr this is i guess, but i heard that there was a James E. Lynch Jr who was a rapist and made child porn in his basement...

    link to this | view in thread ]

  18. identicon
    james e lynch, 26 May 2010 @ 3:28pm

    Re: is this the James E. Lynch Jr t who raped his daughters?

    I do not make child porn in my basement. It's too damp. I use the attic.

    link to this | view in thread ]

  19. icon
    Greevar (profile), 26 May 2010 @ 4:09pm

    Re: Re:

    Don't be so derantus, it's making my frond hurt!

    link to this | view in thread ]

  20. identicon
    Pixelation, 26 May 2010 @ 4:43pm

    Fightin' words

    " But attacks on my wife, my daughter? I won't stand for that."
    I'm gonna bitch slap you with a resolution to ban your website, bitch!
    That mayor is one tough SOB. Don't mess with his family or he'll step on your rights.
    Thank God he's only in local politics.

    link to this | view in thread ]

  21. identicon
    Mike, 26 May 2010 @ 4:54pm

    I just registered a site...

    called BordentownMayorPiratesCopywritedDVDs.com and I'm hosting it at my house.. Now the esteemed Mayor can get the MPAA involved... and really get "All Agencies" involved.
    I may get BordentownMayorBroadcastsMajorLeagueBaseballWithoutExpressWrittenConsent.com but my registrar charges by the letter so I have to sell a few more DVD's in Times Square before I can afford it.

    link to this | view in thread ]

  22. identicon
    Dave, 26 May 2010 @ 5:16pm

    Re: I just registered a site...

    Just use 08505MayorSucksBalls.com it is less then half the letters and can get the same point across.

    And to get the MPAA involved just print the DVD liners with the putz's email address on it.

    link to this | view in thread ]

  23. identicon
    Anonymous Coward, 26 May 2010 @ 6:54pm

    Re: Re:

    very relevant, actually. one is a law, must be followed, the other is a non-binding resolution, sort of like talking out loud or perhaps making a post on a blog. the difference would be rather big.

    link to this | view in thread ]

  24. identicon
    Anonymous Coward, 26 May 2010 @ 7:52pm

    Re: Re: Re:

    Laws don't need to be followed! Just laws, sure, but just because it's a law . . . .

    link to this | view in thread ]

  25. identicon
    steve, 26 May 2010 @ 11:56pm

    what will the isp do?

    I hope that ISP tells the mayor and the city council to go fuck themselves, and if they don't i hope to God a lawyer will see this story and sue the town and the ISP. A funny thing they could do is just block the site from his home and office ip

    link to this | view in thread ]

  26. identicon
    Yogi, 27 May 2010 @ 12:52am

    WTF

    Does anyone in the United States have any idea how this democracy thing works? Sure doesn't look like it.

    It's as if there is a basic contradiction between politics and democracy in the States.

    link to this | view in thread ]

  27. identicon
    Any Mouse, 27 May 2010 @ 3:51am

    Re: WTF

    Yes, let us take the actions of one incompetent moron and apply them to over 300 million people! That makes sense, right?

    link to this | view in thread ]

  28. identicon
    Anonymous Coward, 27 May 2010 @ 5:40am

    Re: Re:

    I've been accused of being TAM about 9 times since starting to comment on this site.

    link to this | view in thread ]

  29. identicon
    Your confirmation system sucks, 27 May 2010 @ 6:23am

    Godaddy has hosting for $4.99 per month.

    link to this | view in thread ]

  30. icon
    Chuck Norris' Enemy (deceased) (profile), 27 May 2010 @ 6:51am

    Re: Re: Re:

    You guys are all loosers! =]

    link to this | view in thread ]

  31. icon
    aguywhoneedstenbucks (profile), 27 May 2010 @ 7:33am

    Re: Re: Re:

    I don't know about awesome, but yes, I was partially referring to the idiotic judges. The other part is the big truck/shit kicker culture that is so prevalent.

    link to this | view in thread ]

  32. icon
    btr1701 (profile), 27 May 2010 @ 7:37am

    Re: Re: Law

    > Hardly relevant. One is worse, but the other
    > isn't any better.

    It's extremely relevant legally.

    A resolution is just the city council (or Congress or whoever) saying, "This is what we feel." It's basically just their opinion on the matter. It has no binding requirement on anyone or force of law. As such can't be overturned by the courts.

    An ordinance, statute or regulation, however, does bind people and have the force of law and therefore is subject to judicial review.

    link to this | view in thread ]

  33. icon
    btr1701 (profile), 27 May 2010 @ 7:38am

    Re: Streisand

    > James Lynch, meet the Streisand Effect.

    What's funny is the Bordentown sucks site actually has a picture of Babs alongside the mayor's photo.

    link to this | view in thread ]

  34. identicon
    Anonymous Coward, 27 May 2010 @ 9:36am

    send the mayor your thoughts:
    btownch@verizon.net

    link to this | view in thread ]

  35. icon
    Overtkill (profile), 27 May 2010 @ 11:32am

    Hmmm!

    Who runs Bordentown?? Call Him Mayor MASTER-BLASTER!

    You talk bad about mah clan? EMBARGO ON!!!!

    link to this | view in thread ]

  36. icon
    Nastybutler77 (profile), 27 May 2010 @ 2:47pm

    Re: Re: Re:

    An easy way to avoid that is to use a unique name when you post your comments.

    link to this | view in thread ]


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